---
title: O.C.G.A. § 37-3-202. Definitions.
collection: code
id: 37-3-202
cite_as: O.C.G.A. § 37-3-202 (2025)
canonical_url: https://georgiacommons.org/code/37-3-202
md_url: https://georgiacommons.org/code/37-3-202.md
text_url: https://georgiacommons.org/code/37-3-202/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-pdf.pdf?sfvrsn=6f93000f_0#page=84
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/37-3.md
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next: https://georgiacommons.org/code/37-3-203.md
index: https://georgiacommons.org/code/index.md
version: Effective January 1, 2026.
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    md_url: https://georgiacommons.org/code/37-3-202.md?version=until+January+1%2C+2026
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MENTAL HEALTH / EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS / ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING
extraction_warnings:
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---

# O.C.G.A. § 37-3-202. Definitions.

As used in this article, the term:

(1) “Adult residential mental health program” means a subacute residential alternative service of four or more residential beds authorized to provide psychiatric services for mentally ill persons 18 years of age or older that operates 24 hours per day, 7 days per week to provide intensive short-term noninstitutional treatment to individuals who are temporarily in need of a 24-hour-per-day supportive therapeutic setting for prevention of or transition from or after acute psychiatric hospitalization. Such term shall not include crisis stabilization units, as defined in Code Section 37-1-29; community living arrangements, as defined in Code Section 37-13-1; mental health programs conducted by accountability courts; or residential beds operated by a state or local public entity.

(2) “Applicant” means any individual affiliated with a partnership, corporation, association, or individuals or groups of individuals submitting an application to operate an adult residential mental health program under this article.

(3) “Department” means the Department of Behavioral Health and Developmental Disabilities.

(4) “Governing body” means the partnership, corporation, limited liability company, association, or person or group of persons who maintains and controls the adult residential mental health program and who is legally responsible for its operation.

(5) “License” means the official permit issued by the department which authorizes the holder to operate an adult residential mental health program.

(6) “Licensee” means any person holding a license issued by the department under this article.

(7) “Mentally ill person” means a person who has significant deficits in functioning affecting social and family relationships, work, self-care, educational goals, or legal involvements due to his or her primary diagnosis or assessment of a psychotic disorder, mood disorder, anxiety disorder, dissociative disorder, obsessive-compulsive disorder, adjustment disorder, personality disorder, or trauma and stress related disorder as listed in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-5) or the World Health Organization’s International Classification of Diseases, in effect as of July 1, 2022, or as the department may further define such term by rule and regulation.

## History

Code 1981, § 37-3-202, enacted by Ga. L. 2022, p. 587, § 1/HB 1069; Ga. L. 2025, p. 177, § 3-2/HB 584, effective January 1, 2026.

## Amendments

The 2025 amendment, effective January 1, 2026, in paragraph (1), substituted “as defined in Code Section 37-13-1” for “as defined by the Department of Behavioral Health and Developmental Disabilities” in the last sentence; and, in paragraph (3), substituted “Department of Behavioral Health and Development Disabilities.” for “Department of Community Health.”

## Delayed Effective Date

Code Section 37-3-202 is set out twice in this Code. This version is effective January 1, 2026. For version effective until January 1, 2026, see the preceding version.